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JE57

One more I-130 Question RE: Previous I129F

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Filed: Other Country: Philippines
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Good Day,

   On I130 application there are sections that talk about rather I've ever previously filed a petition for this applicant.   The answer is I previously filed a I129F which resulted in a K1 visa that was used.  We got Married in the US in 90 days and then left the US and moved back overseas before submission of adjustment of status.  I assume that the K1 visa doesn't count and that only the adjustment of status would have counted.  Am I correct, or should I somehow mention the previous approved I129F.   As a K1 visa isn't technically an immigrant visa rather a visa with Immigrant intent I suspect it doesn't count as a previous petition.   Thoughts?

   Thanks,

    Joe

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Filed: Citizen (apr) Country: Taiwan
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7 hours ago, JE57 said:

I suspect it doesn't count as a previous petition.   Thoughts?

It counts as it was a petition.

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Filed: Other Country: Philippines
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Thanks.  I'll have to go back and see if we can find her A-Number.   And no we are not filing Adjustment of status.  We have lived overseas for 8 years since her K1 was approved in 2015, she used it.  We stayed in the USA... got married there total time in USA less than 90 days.  We thought we'd be staying but then I got a job offer back in current county.  Since leaving the US in 2015 she got a B1 visa and we've been in and out of the USA several times since then but we still live overseas.  I will be forced to retire locally because of my age but will be able to continue working for the company in the USA and will use the 'job offer/transfer' to accomplish the financials to enable me to petition for her.   We did the same thing with the affidavit of support for the K1.

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